In exercise of the powers
conferred by Article 215 of the Constitution of the India, section 23 of the
Contempt of Courts Act, 1971, and all other powers enabling in that behalf, to
regulate the proceedings for contempt of itself or of a Court subordinate to
it, the High Court of Karnataka makes the following rules. (1)
These rules shall be called the
High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981. (2)
They shall come into force on the
date of publication in the Karnataka Gazette. In these rules, unless the
context otherwise requires, the words and expressions shall have the meaning as
defined in this rule: (i)
"Act" means the Contempt
of Courts Act, 1971 (Act 70 of 1971); (ii)
"Code" means the Code
of Criminal Procedure, 1973 (Act 2 of 1974); (iii)
"High Court' means the High
Court of Karnataka; (iv)
"Form" means the form
set out in the Appendix to these rules; and (v)
All other words and expression
shall have the same meanings as defined in the Act. (i)
Every motion for taking action
for contempt of the High Court shall be in the Form of a petition and shall be
entitled "in the matter of proceeding for contempt of High Court under Article
215 of the Constitution and the Contempt of Courts Act, 1971" and (ii)
Every motion for taking action
for contempt of any Court subordinate to the High Court, shall be in the form
of a petition and shall be entitled "in the matter of proceeding for contempt
under the Contempt of Courts Act, 1971." (i)
The party who presents the
petition shall be described as "Complainant" and (ii)
in all proceedings, for contempt,
the alleged contemner shall be described as "accused". (i)
The petition shall set out the
following particulars: (a)
The name, age, occupation and
address of the complainant and of the accused; (b)
the grounds and material facts on
the basis of which action is sought; (c)
the nature of the order sought from
the court; and (d)
if a petition has previously been
made by the complainant on the same facts, the details and the decision
thereof. (ii)
When the complainant relies upon
any document or documents in his possession, he shall file them alongwith the
petition. (iii)
In case of 'Civil Contempt'
certified copy of the judgment decree, order writ or undertaking, which is
alleged to have been disobeyed shall be filed alongwith the petition. (iv)
In the case of 'Contempt of
Subordinate Court' the complainant shall state whether the alleged contempt is
not an offence punishable under the Indian Penal Code. (v)
In the case of criminal contempt
of the High Court other than a contempt referred to in section 14 of the Act,
the complainant shall state whether he has obtained the consent of the Advocate
General and if so, produce the same. (vi)
Nothing shall preclude the High
Court from taking action suo motu on the basis of the information disclosed. (vii)
The petition shall be accompanied
by an affidavit verifying the facts relied upon and that the documents produced
are true copies of the originals if they are not originals, or certified copies
of the originals. Every proceeding for
contempt shall be dealt with by a Bench of not less than two judges: Provided a proceeding
under section 14 of the Act shall be dealt with by the Judge or Judges, in
whose presence or hearing the offence is alleged to have been committed and in
accordance with the provisions thereof. (i)
Any information other than a
petition or reference shall, in the first instance be placed before the Chief
Justice in the administrative side. (ii)
If the Chief Justice or such
other Judge as may be designated by him for the purpose, considers it expedient
or proper to take action under the Act, he shall direct that the said
information be placed for preliminary hearing. (iii)
On such direction the matter
shall be dealt with in accordance with Rule 8 treating the information as a
petition. (i)
Every petition or reference shall
be posted for preliminary hearing before the appropriate Bench. (ii)
(a) The Court, if satisfied that
a prima facie case has been made out, may direct issue of notice to the
accused; otherwise it shall dismiss the petition or reject the reference. (b) The notice shall be in
Form 1 and shall be accompanied by a copy of the petition or reference or
information, and annexures if any thereto. (i)
In every case of Criminal
Contempt, the accused shall appear in person before the High Court on the first
date of hearing and on every subsequent date to which the case is posted,
unless exempted by an order of the Court. (ii)
In every case of civil contempt,
the accused shall appear either in person or by Counsel before the High Court,
on the first date of hearing and on every subsequent date to which the case is
posted, but shall appear in person whenever directed by the High Court. (i)
The accused may file his reply
duly supported by an affidavit on or before the first date of hearing or within
such extended time as may be granted by the Court. (ii)
Upon consideration of the reply
filed by the accused and after hearing the parties, the Court may drop the
proceeding and discharge the accused; (iii)
if the court, upon hearing, is
satisfied that there is prima facie case, it shall proceed to frame the charge
and furnish a copy of the same to the accused; (iv)
The charge shall be read over and
explained to the accused and the Court shall record his plea, if any. (v)
If the accused pleads guilty, the
Court may adjudge him guilty and proceed to pass such sentence as it deems fit; (vi)
If the accused pleads not guilty,
the case may be taken up for trial on the same day or posted to any subsequent
date as directed by the Court. The Court may direct the
Advocate General or any other Advocate to appear and conduct the proceedings
against the accused. (i)
The Court may, if it has reason
to believe that the accused is absconding or is otherwise evading service of
notice, or if he fails to appear in person or to continue to remain present in
person in pursuance of the notice, direct a warrant, bailable or non-bailable,
for his arrest addressed to one or more police Officers or may order attachment
of property. The warrant shall be issued in Form No. 2 and shall be executed,
as far as may be in the manner provided for execution of warrants under the
Code. (ii)
The warrant, shall be executed by
the Police Officer or Officers to whom it is directed, and may also be executed
by any other Police Officer whose name is endorsed upon the warrant by the
Officer whom it is directed or endorsed. (iii)
Where a warrant is to be executed
outside the State of Karnataka, the Court may, forward it to the Magistrate of
the District or the Superintendent of Police or Commissioner of Police of the
district within which the accused is believed to be residing or to any Police
Officer in Karnataka. The Magistrate or the Police Officer to whom the warrant
is forwarded shall endorse his name thereon, and cause it to be executed. (iv)
Every person who is arrested and
detained shall be produced before the nearest Magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for the journey
from the place of arrest to the Court of the Magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a
Magistrate. Except as otherwise
provided in the Act and these rules, the procedure prescribed for summary
trials under Chapter XXI of the Code shall as far as practicable be followed in
the trial of cases of contempt. The Court may, either suo
motu, or on motion made for that purpose, order the attendance for
cross-examination of a person whose affidavit has been filed in the matter. The Court may make order
for the purpose of securing attendance of any person to be examined as a
witness and for discovery or production of any document. (i)
if the accused is found guilty
and is sentenced to imprisonment other than imprisonment till rising of the
Court, a warrant of commitment and detention shall be made out in Form 3 under
the signature of the Registrar of High Court. Every such warrant shall
remain in force until it is cancelled by order of the Court or until it is
executed. The Superintendent of Jail specified in the order shall, in pursuance
of the warrant, detain the contemner in custody for the period specified
therein subject to such further direction as the Court may give. (ii)
When the Court awards a sentence
of fine and the fine amount is not paid at once or within such time as may be
granted by the Court, the Registrar shall take action in any one of the ways
provided in section 421 of the Code. (iii)
Warrants to be issued under
sub-rule (ii) shall be in Forms 4 and 5 as the case may be. (iv)
The report of the action taken by
the Superintendent of the Jail or the Police Officer or Deputy Commissioner to
whom the warrant under sub-rule (iii) might have been addressed shall be filed
in the records of the case. Processes issued by the
Court shall except as otherwise specifically provided be executed by the
Superintendent of Police/Commissioner of Police as the case may be. (i)
The Court may award such costs as
it deems fit in the circumstances of the case. (ii)
The costs so awarded shall be
recovered in the same manner as costs awarded in Writ Proceedings. If any bond given for the
appearance of an accused is forfeited due to the absence of the accused, the
Court may, after giving opportunity to the accused or the surety as the case
may be, levy the whole or any part of the amount mentioned in the bond as
penalty and direct the same to be recovered as if it were a fine imposed on the
accused under the Code. In matters not
specifically provided for in these rules, the procedure prescribed in the High
Court of Karnataka Rules, 1959 as amended from time to time, shall mutatis
mutandis apply to the proceedings under these rules. The rules to regulate
Contempt proceedings in the High Court of Karnataka, 1967 are hereby repealed
subject to the provisions of section 6 of the General Clauses Act.HIGH COURT OF
KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981
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